A Trade or Service Mark is a name or other sign which serves to indicate a connection in the course of trade between the owner of the mark and the goods or services which he supplies. For many businesses Trade Marks are a very distinctive characterising feature and are the business most valuable asset.

Registration of a Trade Mark, which can last indefinitely, gives the proprietor the exclusive right to use the mark in relation to the goods or services for which it is registered.

To be registrable a Trade Mark must be distinctive, i.e. not descriptive of the goods or services and not in conflict with other traders' marks. However, it is possible for competitors to lawfully acquire and use your Trade Mark if it is not duly protected.

A Trade Mark is typically a word or logo, sometimes both. It is also possible to protect sounds, shapes and smells if you can show these are distinctive to your business.

A Trade Mark has to be registered for the goods and services in relation to which you use or are likely to want to.

Goods are classified into 34 separate classes ranging from industrial chemicals, via machine tools, electronics to consumer goods and foods. Services are classified into eleven classes.

Trade Marks are essentially national rights and you should protect you trade or intend to. There are a number of international arrangements which simplify protection. These include International ( Madrid ) Trade Marks, Community Trade Marks and others. You should seek professional advice on the best way for you.

Contact us with full details if you wish to have more information on the subject or a more precise estimate. Your first consultation with us is free of charge.
We will be able to advise on what protection is available and the different options open to you.